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HomeMy WebLinkAboutMarch 13 2024 Regular Meeting Minutes 284 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 13, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technologies; Wyatt Pearson, Planning Director; Mark Cheran, Zoning &Subdivision Administrator; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Pastor John Van Drunen of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda with the removal of the item titled COMPREHENSIVE PLAN AMENDMENT (CPPA) #02-23 JORDAN SPRINGS as requested by the Applicant. The motion was seconded by Supervisor Dunn and carried on a voice vote. CITIZEN COMMENTS - None Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 285 ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Minutes of Work Session and Regular Meetings of February 28, 2024—CONSENT AGENDA APPROVAL -Authorization to Advertise a Public Hearing on April 10, 2024, Regarding a Request for VDOT to Consider Truck Restrictions on Red Bud Road, Milburn Road, and McCanns Lane as Recommended by the Transportation Committee—CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Jewell noted the recent band competition held at Sherando High School saying the event was successful and well attended. COUNTY OFFICIALS - None + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS CHAIRMAN LUDWIG TO NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Vice Chairman Slaughter moved for the appointment of Chairman Ludwig to the Northern Shenandoah Valley Regional Commission representing Frederick County for a four-year term concurrent with his elected term of office ending December 31, 2027. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 286 Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye JILL EDLICH APPOINTED TO TOURISM BOARD AS NON-PROFIT REPRESENTATIVE— APPROVED Supervisor Dunn moved for the appointment of Jill Edlich to the Tourism Board as a non-profit representative for a three-year term ending June 30, 2027. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (Non Planning Issues)- None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—TELECOMMUNICATION FACILITIES—APPROVED Planning Director Wyatt Pearson provided background on the proposal to amend the supplementary use regulations for commercial telecommunication facilities to modify the criteria for a setback waiver by the Board of Supervisors. He noted that this ordinance amendment was initiated by a telecommunications provider. Will Shewmake,Tom Waniewski, and Ryan Doolittle, representing Diamond Communications spoke in favor of the ordinance amendment and discussed the following with the Board members: the need for the amendment to address changes in the industry, the safety of the engineered towers, and the type of geotechnical study required when locating communications towers. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 287 Supervisor Jewell moved to approve the Ordinance Amendment to the Frederick County Code — Telecommunication Facilities - Revision to the Frederick County Zoning Ordinance, Chapter 165 to Modify the Supplementary Use Regulations for Commercial Telecommunication Facilities Specifically the Criteria for a Setback Waiver: Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses; Part—204 Additional Regulations for Specific Uses; 165-204.19 Telecommunication facilities, commercial. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE TO AMEND CHAPTER 165—ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part—204 Additional Regulations for Specific Uses §165-204.19 Telecommunication Facilities,Commercial WHEREAS,the Frederick County Board of Supervisors has considered an ordinance to amend Chapter 165—Zoning to modify the supplementary use regulations for commercial telecommunications facilities, specifically regarding setback waivers granted by the Board of Supervisors;and WHEREAS,the Planning Commission held a public hearing on the ordinance amendment on February 21,2024,and recommended approval of the ordinance amendment; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, in the interest of public health, safety, general welfare, and in good zoning practice, that Chapter 165 —Zoning is amended to modify the supplementary use regulations for commercial telecommunications facilities, specifically regarding setback waivers granted by the Board of Supervisors,as shown in the attached. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #06-23 FOR DIAMOND COMMUNICATIONS, LLC., (1-81 MINI STORAGE, LLC.)—APPROVED Zoning & Subdivision Administrator Mark Cheran provided background on the request for a Conditional Use Permit (CUP) to enable the construction of a 135-foot monopole commercial telecommunications facility and equipment compound, with setback waiver(s) at 127 Mercedes Court, in the Stonewall Magisterial District. He reviewed the suggested conditions, including one added at the request of a Board member which addresses conditions set forth in the letter dated March 24, 2023, from Robert E. Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 288 Beacom, P.E., S.E., submitted with the application for this CUP, stating that the tower be designed and manufactured by Sabre Industries. In addition, he said if the Board of Supervisors finds the waivers to the required setbacks to be acceptable, a motion to recommend approval of a setback reduction to allow the tower to be built within the 18.6'fall zone would be appropriate. The Board discussed the newly added condition and the certification regarding the fall zone for communications towers. Will Shewmake made a brief presentation regarding the tower location and its specifications. Chairman Ludwig opened the public comment period. No one addressed the Board. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter moved to approve CUP 06-23 for Diamond Communications, LLC, (1-81 Mini Storage, LLC) including the two requested setback waivers. Supervisor Jewell seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#06-23 DIAMOND COMMUNICATIONS,LLC(I-81 MINI STORAGE) WHEREAS, CONDITIONAL USE PERMIT APPLICATION#06-23 was submitted by Diamond Communications, LLC, (I-81 Mini Storage LLC) to enable the construction of a 135-foot monopole type commercial telecommunications facility, with a setback waiver, at 127 Mercedes Court, in the Stonewall Magisterial District, identified with Property Identification Number 43-A-52; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on February 21,2024 and recommended approval of this Conditional Use Permit; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on March 13,2024; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit #06-23 to allow for a commercial telecommunication facility consisting of a 135-foot monopole telecommunication facility with reduced setbacks in accordance with the engineered fall zone of 18.6', is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 289 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be subject to approval by Frederick County prior to conducting the use. 4. The tower must satisfy all premises and conditions set forth in the letter dated March 24,2023, from Robert E.Beacom,P.E., S.E.,submitted with the application for this CUP, including that the tower be designed and manufactured by Sabre Industries.Non-compliance with the terms and conditions in the letter will result in the CUP being deemed invalid. 5. The tower shall be removed by the Applicant or property owner within twelve(12)months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit,the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT#07-23 FOR DIAMOND COMMUNICATIONS, LLC., (RLC MANAGEMENT INC.)—APPROVED Zoning & Subdivision Administrator Mark Cheran provided background on the request for a Conditional Use Permit (CUP) to enable the construction of a 185-foot monopole commercial telecommunications facility with an equipment compound and setback waiver located at 178 Rivendell Court in the Stonewall Magisterial District. He reviewed the suggested conditions , including one added at the request of a Board member which addresses conditions set forth in the letter dated May 22, 2023, from Robert E. Beacom, P.E., S.E.,submitted with the application for this CUP, stating that the tower be designed and manufactured by Sabre Industries. In addition, he said if the Board of Supervisors finds the waivers to the required setbacks to be acceptable, a motion to recommend approval of a setback reduction to allow the tower to be built within the 77' fall zone would be appropriate. Will Shewmake made a brief presentation regarding the tower location and its specifications. Chairman Ludwig opened the public comment period. Jordan Castile, Shawnee District, spoke about his concerns regarding the safety of residents living near the cellular towers. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter moved to approve CUP 07-23 for Diamond Communications, LLC, (RLC Management Inc.) including the requested setback waivers. Supervisor Jewell seconded the motion which carried on a recorded vote as follows: Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 290 Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#07-23 DIAMOND COMMUNICATIONS,LLC(RLC MANAGEMENT,INC.) WHEREAS,CONDITIONAL USE PERMIT APPLICATION#07-23 was submitted by Diamond Communications, LLC, (RLC Management, Inc.,) to enable the construction of a 185-foot monopole type commercial telecommunications facility, with a setback waiver, at 178 Rivendell Court, in the Stonewall Magisterial District, identified with Property Identification Number 42-A-198N;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on February 21,2024 and recommended approval of this Conditional Use Permit;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on March 13,2024;and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit #07-23 to allow for a commercial telecommunication facility consisting of a 185-foot monopole telecommunication facility with reduced setbacks in accordance with the engineered fall zone of 77',is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be subject to approval by Frederick County prior to conducting the use. 4. The tower must satisfy all premises and conditions set forth in the letter dated May 22,2023,from Robert E.Beacom,P.E.,S.E.,submitted with the application for this CUP,including that the tower be designed and manufactured by Sabre Industries.Non-compliance with the terms and conditions in the letter will result in the CUP being deemed invalid. 5. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 6. In the event a telecommunications tower is not erected within twelve(12)months of the approval of this Conditional Use Permit,the CUP will be deemed invalid. 7. Any expansion or modification of this use will require a new Conditional Use Permit. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 291 2024-2029 CAPITAL IMPROVEMENTS PLAN (CIP) -APPROVED Planning Director Wyatt Pearson said the CIP is intended to assist the Board of Supervisors in the preparation of the County budget by determining priorities for capital expenditures. He said the County must also ensure that projects contained within the CIP conform to the Comprehensive Plan and are specifically reviewed with considerations regarding health, safety, and the general welfare of the public, and the policies of the Comprehensive Plan, adding that when the CIP is adopted, it becomes a component of the Comprehensive Plan with the intent of satisfying Virginia Code § 15.2-2232. Mr. Pearson noted that this year the plan was prepared in a notably different way at the direction of the County Administrator in order to address the Board's stated concerns last year. He said Departments were advised that only projects that could be feasibly funded and started in the ensuing five-year period were to be included in the plan, and the removal of projects outside of this timeframe resulted in a greatly reduced quantity of projects and total potential cost to the County. The Board discussed whether the plan needed to be adopted before the budget is adopted. Chairman Ludwig opened the public comment period. Jody Yeggy, Red Bud District, spoke in favor of the construction of the fourth high school. Sonia Marfatia-Goode, Back Creek District, spoke in favor of the construction of the fourth high school. Brian Nuri, Opequon District, spoke in favor of prioritizing the fourth high school. Chairman Ludwig closed the public comment period. Supervisor Dunn moved to approve the 2024-2029 Capital Improvements Plan as presented. Supervisor Liero seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig No Judith McCann-Slaughter Aye RESOLUTION ADOPTING THE 2024-2029 CAPITAL IMPROVMENTS PLAN(CIP) WHEREAS,the Frederick County Comprehensive Plans and Programs Committee(CPPC)discussed the 2024-2029 Capital Improvements Plan(CIP) at their regular meeting on February 12,2024. The CPPC recommended approval of the CIP and affirmed that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS, the Frederick County Planning Commission discussed the 2024-2029 CIP at their regular meeting on February 21, 2024 and recommended approval of the CIP affirming that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 292 WHEREAS, the Frederick County Board of Supervisors held a public hearing and discussed the CIP at their regular meeting on March 13,2024; and WHEREAS,the Frederick County Board of Supervisors supports the priorities shown in the 2024-2029 CIP and has affirmed the determination of the Planning Commission that the projects contained in the CII' conform to the Comprehensive Plan; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2024-2029 CIP for Frederick County,Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS SWSA AMENDMENT—8126 VALLEY PIKE -APPROVED Planning Director Wyatt Pearson reviewed the request from Matt Shaffer to allow for public water and sewer service to a parcel located outside the sewer water service area (SWSA) saying the subject property is located at 8126 Valley Pike, Middletown, is a 0.50-acre property zoned RA(Rural Areas) District and is identified by Property Identification Number(PIN): 91-A-26. He said it is the policy of Frederick County that only properties within the Sewer and Water Service Area (SWSA) may connect to public water and sewer. He continued saying the subject property is adjacent to the Town of Middletown's boundary along the southern property line, and due to the property being outside the SWSA, a special exception from the Board of Supervisors is needed to allow for the property to access public water and sewer, and in turn allow the Town of Middletown to serve the property. Mr. Pearson concluded by saying as proposed the property is intended to be served through an existing private line currently serving the adjoining use to the south (Shaeffer's BBQ), and since this exception is not seeking to expand the boundary of the SWSA, this request could be decided by the Board of Supervisors without a public hearing or amendment to the Comprehensive Plan. Supervisor Jewell moved to approve the SWSA amendment for 8126 Valley Pike. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 293 RESOLUTION AUTHORIZING THE PROVISION OF PUBLIC WATER AND SEWER SERVICE OUTSIDE OF THE SEWER AND WATER SERVICE AREA FOR 8126 VALLEY PIKE(PIN 91-A-26) WHEREAS, Springdale Enterprises LLC has requested approval to connect its property at 8126 Valley Pike, which is located outside the Sewer and Water Service Area, to public water and sewer service provided by the Town of Middletown; and WHEREAS, the Frederick County Board of Supervisors finds the approval of such request to be in the best interest of the public health,safety, and welfare; NOW THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors that it approves the request to connect the property at 8126 Valley Pike to public water and sewer service provided by the Town of Middletown, provided that such connection shall only serve the property at 8126 Valley Pike,and further provided that the property owner shall record proper easements and agreement to detail ownership and maintenance of any lateral sewer and water connection between the property at 8126 Valley Pike and the adjacent property at 8140 Valley Pike. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided an update from the Planning Commission and the Parks and Recreation Commission. CITIZEN COMMENTS Alice Strickler addressed the Board regarding the death of her son, fire recruit class member Ian Strickler. BOARD OF SUPERVISORS COMMENTS Vice Chairman Slaughter announced the upcoming meeting sponsored by the Metropolitan Planning Organization on transportation needs. Supervisor Dunn noted earlier comments citing the increase in new homes adding to the need for the fourth high school. He noted that the current Board has not approved any new housing, but a large number of homes were approved 15 to 20 years ago which are now being constructed. Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia 294 ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, the meeting was adjourned at 8:48 p.m. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 49 Board of Supervisors Regular Meeting of March 13, 2024 County of Frederick, Virginia